On Saturday, the Texas legislature gave final approval to Senate Bill 12, an expansion of Texas' anti-DEI policy for public and charter schools that supporters have hailed as a "Bill of Parental Rights."
Among many controversial provisions, the bill contains an especially legally dubious one that categorically bans certain student clubs that legislators disapprove. After noting that a public or charter school may in general "authorize or sponsor" student groups, S.B. 12 carves out a solitary exception: "A school district or open-enrollment charter school may not authorize or sponsor a student club based on sexual orientation or gender identity." Sec. 33.0815(b).
The bill's chief sponsor initially likened these LGBT student groups to "sex clubs," but later apologized for that characterization. Both supporters and critics of the bill interpret the provision to prohibit student clubs that focus on the subject matter of sexual orientation or gender identity (SOGI), rather than as barring clubs whose membership is confined to students of a certain sexual orientation or gender identity. By state law, as applied, only those student groups focusing on SOGI issues could never be "authorized." Presumably, they would be prohibited from meeting on school premises, as approved student groups may do.
